Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

*NEW-L-Robbery and Burglary > Burglary > Flashcards

Burglary Flashcards

1
Q

Burglary is an offence under….?

A

s.9 of the Theft Act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two different ways that s.9 can be committed?

A

Under s9(1)(a) a person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful criminal damage to the building or anything in it

Under s.9(1)(b) a person is guilty of burglary if having entered a building or part of a building as a trespasser, and then he steals or attempts to steal anything in the building or inflicts or attempts to inflict SBH on any person in the building.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is S.9(1)(a)

A

Under s9(1)(a) a person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful criminal damage to the building or anything in it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is s9(1)(b)

A

Under s.9(1)(b) a person is guilty of burglary if having entered a building or part of a building as a trespasser, and then he steals or attempts to steal anything in the building or inflicts or attempts to inflict SBH on any person in the building.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the 3 common elements between s.9(1)(a) and (b)?

A
  • entry
  • of a building or part of a building
  • as a trespasser
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between the subsections?

A

the intention of the defendant at the time of entry.
Under (1)(a) D must intend to -steal -inflict GBH -do unlawful damage upon entering
Under (1)(b) what the defendant intends upon entry is irrelevant, but the prosecution must prove that he actually committed or attempted to commit theft or GBH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is not defined under the Theft Act 1968?

A

Entry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

While entry was not defined in the Theft Act 1968, several cases have decided on the meaning of the word. What was the first main case on this point?

A

Collins 1972

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happened in the case of Collins?

A

D, naked, climbed a ladder to a random girls window. V thought he was her boyfriend, invited him in and had sex. Collins conviction for burglary was quashed the COA held that the jury had to be satisfied that D had mad an ‘effective and substantial entry.’ He had consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

D, naked, climbed a ladder to a random girls window. V thought he was her boyfriend, invited him in and had sex. Collins conviction for burglary was quashed the COA held that the jury had to be satisfied that D had mad an ‘effective and substantial entry.’ He had consent.
What case is this?

A

Collins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What case modified the concept of “effective and substantial entry’ to ‘effective entry’ after the case of Collins?

A

Brown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What happened in the case of Brown?

A

D leaned through a shop window while still standing on the outside ground. COA held that the word ‘substantial’ did not meet the definition of entry and his conviction for burglary was upheld as his entry was effective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

D leaned through a shop window while still standing on the outside ground. COA held that the word ‘substantial’ did not meet the definition of entry and his conviction for burglary was upheld as his entry was effective
What case is this?

A

Brown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In what case does the ‘effective entry’ test set by Brown as modified from Collins not appear to have been followed?

A

Ryan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What happened in the case of Ryan?

A

D was trapped while going through a window to a house. Part of his body was still outside. The COA upheld conviction as there was evidence on which the jury could find that the defendant had entered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

D was trapped while going through a window to a house. Part of his body was still outside. The COA upheld conviction as there was evidence on which the jury could find that the defendant had entered
What case is this?

A

Ryan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the three cases which establish was entry is?

A
  • Collins
  • Brown
  • Ryan
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What gives an extended meaning to the word “building”?

A

the Theft Act 1968

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

The Theft Act 1968 has extended the meaning to the word “Building” so that it includes….?

A

inhabited places such as houseboats or caravans which would otherwise not be included in the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Although the Theft Act 1968 has extended the meaning of building so that it includes inhabited places such as houseboats or caravans- would does it not give?

A

a basic definition for building

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the main problem for the courts in regards to the building or part there of?

A

the main problem for the courts have occurred where a structure such as a portacabin has been used for storage or office work, or even a large storage container

22
Q

Which two cases have considered what constitutes as a building?

A
  • In B and S v Leathley

- In Norfolk Constabulary v Seekings and Gould

23
Q

What happened in the case of B and S v Leathley?

A

a freezer container was used as a storage facility for two years; it rested on sleepers, had doors with locks and was connected to the electricity supply. Held to be a building

24
Q

a freezer container was used as a storage facility for two years; it rested on sleepers, had doors with locks and was connected to the electricity supply. Held to be a building
What case is this?

A

B and S v Leathley

25
Q

What happened in the case of Norfolk Constabulary v Seekings and Gould?

A

a lorry trailer with wheels had been used as a storage container for a year. Connected to the electricity supply, but was held not to be a building as it had wheels.

26
Q

a lorry trailer with wheels had been used as a storage container for a year. Connected to the electricity supply, but was held not to be a building as it had wheels.
What case is this?

A

Norfolk Constabulary v Seekings and Gould

27
Q

In what situations is the phrase ‘part of a building’ used to cover?

A

situations where the defendant may have permission to be in one part of a building but does not have permission to be in another part

28
Q

What case is an example which demonstrates what ‘part of a building’ is?

A

Walkington

29
Q

What happened in the case of Walkington?

A

D went into the counter area of a shop and opened a till. Ds conviction for burglary under s.9(1)(a) was upheld as D had entered a part of a building as a trespasser with the intention of stealing

30
Q

D went into the counter area of a shop and opened a till. Ds conviction for burglary under s.9(1)(a) was upheld as D had entered a part of a building as a trespasser with the intention of stealing
What case is this?

A

Walkington

31
Q

What was the critical point in Walkington?

A

the critical point was that the counter area was not an area where customers were permitted to go. It was an area for the use of staff

32
Q

In order for D to commit burglary he must enter as a trespasser. If a permission to enter they are not a trespasser. What case has illustrated this?

A

Collins

33
Q

What happened in the case of Collins?

A

D, naked, climbed a ladder to a random girls window. V thought he was her boyfriend, invited him in and had sex. Collins conviction for burglary was quashed the COA held that the jury had to be satisfied that D had mad an ‘effective and substantial entry.’ He had consent.

34
Q

D, naked, climbed a ladder to a random girls window. V thought he was her boyfriend, invited him in and had sex. Collins conviction for burglary was quashed the COA held that the jury had to be satisfied that D had mad an ‘effective and substantial entry.’ He had consent.
What case is this?

A

Collins

35
Q

To succeed on a charge of burglary, what must the prosecution prove?

A

that the defendant knew he was trespassing or that the defendant was subjectively reckless as to whether he was trespassing

36
Q

When does a defendant go beyond permission and is a trespasser?

A

where the defendant is given permission to enter but then goes beyond that permission, he may be considered a trespasser

37
Q

What case decided that where the defendant is given permission to enter but then goes beyond that permission, he may be considered a trespasser?

A

Smith and Jones

38
Q

What happened in the case of Smith and Jones?

A

Ds went into Ds fathers house at night and took a television set. The father stated he could not be a trespasser as he had a general permission. The COA upheld convictions for burglary ruling under s.9(1)(b) as he was in excess of the permission given to him.

39
Q

Ds went into Ds fathers house at night and took a television set. The father stated he could not be a trespasser as he had a general permission. The COA upheld convictions for burglary ruling under s.9(1)(b) as he was in excess of the permission given to him.
What case is this?

A

Smith and Jones

40
Q

What did the case Smith and Jones decide?

A

that where the defendant is given permission to enter but then goes beyond that permission, he may be considered a trespasser,

41
Q

The decision in Smith and Jones is in line with which austrilian case?

A

Baker v R

42
Q

What happened in the austrailian case Baker v R which is in line with the case of Smith and Jones?

A

D was asked to keep an eye on a neighbours house while they were away, telling D where the key was hidden. D used the key to enter and steal property. Guilty of burglary

43
Q

D was asked to keep an eye on a neighbours house while they were away, telling D where the key was hidden. D used the key to enter and steal property. Guilty of burglary
What case is this?

A

austrailian case Baker v R

44
Q

If someone was banned from entering a shop, they will be entering as a trespasser if they go in and would be guilty of burglary under s.9(1)(a) if….. and s.9(1)(b) if…..

A

s. 9(1)(a) if D intended to steal goods

s. 9(1)(b) if having entered he then stole goods

45
Q

Why would it be difficult for D to be convicted under s.9(1)(a) for entering a shop intending to steal?

A

as it is difficult for the prosecution to prove the intent

46
Q

What are the two elements of mens rea for burglary?

A
  • entering as a trespasser and

- the ulterior offence

47
Q

What is the mens rea of burglary for s.9(1)(a) and (b)?

A

D must know or be subjectively reckless as to whether he is trespassing

48
Q

In addition for D to know or be subjectively reckless as to whether he is trespassing- what mens rea must the defendant have for s.9(1)(a)?

A

D must also intend to commit of the three offence at the time of entering the building (theft, GBH, criminal damage)

49
Q

Where D has entered intending to steal anything he can find is worth taking, what is this called?

A

conditional intent

50
Q

For s.9(1)(b) as well the fact D must know or be subjectively reckless as to whether he is trespassing- what else must the defendant intend?

A

D must also have the mens rea for theft or GBH when committing the actus reus of one of these offences

*NEW-L-Robbery and Burglary (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions